SHANKAR MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant Shankar Mehta was found carrying four tins full of kerosene oil, allegedly measuring sixty four litres, while traveling on a rickshaw. The informant of the case who happens to be an Assistant Sub Inspector of Town Police Station, Darbhanga along with another officer of his rank, namely, Jai Prakash Rai and a Havildar Sarfuddin Khan stopped the rickshaw, made search and seized the tins by preparing seizurelist, Exht. 2. He, thereafter, took the appellant in custody and lodged his report Exht. 3, on the basis of which, the first information report of the case, Exht. 4, was drawn. The investigation was handed over to the same informant who, after close of the same, sent up the appellant for trial for committing the offence under Section 7 of the Essential Commodities Act (E.C. Act) as being found in possession of more than twenty litres of the commodity, could be violative of the provisions of Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as the 'Unification Order '), an order issued Under Section 3 of the E.C. Act.

(2.) THE appellant pleaded not guilty on accusation being explained to him and challenged the story of search and seizure, besides pleading that it could be a case of false implication as he being connected with trade in transport, did not allow the police officers to travel gratis in buses.

(3.) THE above judgment and order of conviction passed on the 18th day of August, 1992 in Trial No. 10 of 1987 (G.R. Case No. 1971 of 1987) is being assailed herein.